IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

Staff Member

While this might potentially work, I don't see the required price or geographical area change in the new policy. Am I missing something? (Especially since this would actually be an increase in service for some who were throttled as top 5% last month)?!?

IF WE INCREASE THE PRICE OF ANY OF THE SERVICES TO WHICH YOU SUBSCRIBE, BEYOND THE LIMITS SET FORTH IN YOUR CUSTOMER SERVICE SUMMARY, OR IF WE MATERIALLY DECREASE THE GEOGRAPHICAL AREA IN WHICH YOUR AIRTIME RATE APPLIES (OTHER THAN A TEMPORARY DECREASE FOR REPAIRS OR MAINTENANCE), WE'LL DISCLOSE THE CHANGE AT LEAST ONE BILLING CYCLE IN ADVANCE (EITHER THROUGH A NOTICE WITH YOUR BILL, A TEXT MESSAGE TO YOUR DEVICE, OR OTHERWISE), AND YOU MAY TERMINATE THIS AGREEMENT WITHOUT PAYING AN EARLY TERMINATION FEE OR RETURNING OR PAYING FOR ANY PROMOTIONAL ITEMS, PROVIDED YOUR NOTICE OF TERMINATION IS DELIVERED TO US WITHIN THIRTY (30) DAYS AFTER THE FIRST BILL REFLECTING THE CHANGE.

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The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.

The paragraph you quote in the contract says nothing about throttling policies. This change does not increase the price of existing plans, nor does it geographically decrease your coverage. This paragraph is not grounds for getting out of your ETF.

There MIGHT be an "adverse negative material impact" clause somewhere else, but arguably, your chance to get out of your ETF expired about a month after the throttling policy was first put in place. If you stuck around, then this is technically an "improvement," and not an ETF-freeing event.

Of course the small claims court option might still be open....

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I agree that it's not grounds to get out ETF free based on this throttling issue.

However it is a nice piece of information to know in case AT&T happens to bump your price in a bill for some reason.

For example i'm not sure how they will handle my contract once i renew next time because i still have the 2GB plan, and now they only carry the 3GB and 5GB plans.

I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.
You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

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Actually, you can. Bandwidth isn't geography. You can still use data throughout the entire AT&T network. What's changed is that it's abysmally slow after a certain level of usage.

AT&T has never guaranteed a minimum data speed, in their contract or otherwise. there's lots of marketing puffery about how fast things are, but you'll not that actual numbers are never quoted anywhere.

You are required to either have mediation or go to small claims court, that is spelled out plainly in the contract. While I do read this the same as you, I believe we are in a grey area here, I believe they are materially decreasing your geographic area of your service by limiting your throughput on their whole network.

You can not claim that a un throttled user and a throttled user have the same service covering the same geographic area.

Now I am not saying anywhere that this is an easy argument to win or that it is the only argument, I am just saying this is what I believe to be a valid argument to use. Thats why they have judges, for when people dis agree to the terms of a contract and need a third party to help make the decision.

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The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.

The title of the thread and your starting post suggests that it is an easy argument to win.

While it *might* be an option in small claims court, it should also be noted that the one person who did take them to court didn't get out of his ETF. He was simply awarded the estimated overages he'd receive over the duration of his contract.

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While true, he can pay the ETF with his earning and still be way ahead...

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